SHEO SHANKAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The State of Bihar in the Department of Health came out with an advertisement in a local newspaper "AAJ" on the 1 st of June, 1983, inviting applications from illgible candidates for preparation of panels for appointment/posting on various teaching posts in different Departments of the Medical Colleges of this State. A copy of the advertisement is Annexure-2 to this petition (C. W. J. C. No. 2848/88). It is mentioned in Annexure-2 that a panel will remain operative for twelve months from the date of its approval by the State Government or until a fresh panel is prepared.

(2.) Two learned Judges, forming a Bench of this Court, were divided in their opinion as to the decision to be given with regard to the life of the panel prepared in pursuance of the said advertisement (hereinafter referred to as 'the 1983 Panel"), which necessitated reference of these cases under Clause 28 of the Letters Patent. Although, learned Judges, in their separate judgments have expressed divergent views, but it appears that it was not considered necessary by their Lordships to specifically formulate the point, on which difference of opinion was expressed. On perusal of the prepared judgment, I find that the primary question for determination is as to what is the life of the 1983 Panels. Learned counsel appearing on behalf of the parties also stated that the difference of opinion between the two Hon'ble Judges was over the point mentioned above.

(3.) This petition (C. W. J. C. No. 2848/88) was filed on 28-4-1988 in which originally only four officers of the Govenment of Bihar in the Department of Health and in the Department of Medical Education and Family Welfare were made respondents. 'Subsequently, on an application filed by Dr. (Smt.) Alka Pandey, under the proviso to Rule 5 of Chapter XXLC of the Patna High Court Rules, she was allowed to appear as respondent No. 5 by order dated 15-6-1988 Thereafter, two separate applications under the said provision were filed by Dr. Vishnu Ratan and Or. Basant Singh and they were also allowed to appear as respondents No. 6 and 7 by the order dated 14-7-1988.